Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
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Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT held that a registered dealer is not mandatorily required to obtain separate importer registration for issuing invoices on imported goods for Cenvat credit purposes. The tribunal found no legal mandate compelling an existing registered dealer to obtain additional 'importer' registration when issuing invoices for excisable goods. The notification and circular clarify that a first stage dealer who is also an importer may take only one registration. Consequently, the appellant's Cenvat credit claim based on duty-paid invoices was upheld, with the adjudicating authority's denial deemed erroneous. The appeal was allowed, affirming the dealer's right to avail input credit without mandatory secondary registration.
CESTAT held that a registered dealer is not mandatorily required to obtain separate importer registration for issuing invoices on imported goods for Cenvat credit purposes. The tribunal found no legal mandate compelling an existing registered dealer to obtain additional 'importer' registration when issuing invoices for excisable goods. The notification and circular clarify that a first stage dealer who is also an importer may take only one registration. Consequently, the appellant's Cenvat credit claim based on duty-paid invoices was upheld, with the adjudicating authority's denial deemed erroneous. The appeal was allowed, affirming the dealer's right to avail input credit without mandatory secondary registration.
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